Chapter II
MANAGEMENT AND USE OF LAND OF AIRPORTS AND AIRFIELDS
Article 3.- Classification of land in service of civil aviation activities at airports and airfields
1. Land for construction of airport and airfield infrastructure works, including runways, taxiways, apron stages, air traffic control towers and other auxiliary works and areas of airfields.
2. Land for building of aviation service establishments and works, including passenger terminals, cargo terminals and warehouses; establishments providing flight assurance services; establishments providing ground technical services; areas supplying in-flight meals; aircraft maintenance service areas; aviation security units; and aviation petrol and oil depots.
3. Land for building of offices of state management authorities regularly operating at airports and airfields.
4. Land for building of hotels, restaurants and other service works.
Article 4.- Forms of land allocation or lease at airports and airfields
1. Land allocated without collection of land use levy includes:
a/ Land for building of airport and airfield infrastructure works;
b/ Land for building of offices of state management authorities with regular activities at airports and airfields.
2. Land leased with collection of rents includes types of land at airports and airfields not specified in Clause 1 of this Article.
3. Land rents shall be collected in accordance with the provisions of law on land rents.
Article 5.- Land allocation or lease term
1. Construction land specified in Clauses 1, 2 and 3, Article 3 of this Decree may be allocated or leased permanently.
2. Land for building works specified in Clause 4, Article 3 of this Decree may be leased for a term not exceeding 50 years to investment projects or land lessees after those projects or applications of those lessees are examined. The lease term may be extended after the land use needs and the law observance in the course of land use are reviewed.
Article 6.- Procedures for land reallocation or land lease
1. Airport authorities shall organize the elaboration of detailed planning and plans on use of airport and airfield land and submit them to competent state agencies for approval. A detailed land use planning must clearly indicate public land areas used for non-business purposes and for business purposes.
2. Organizations and individuals that need to use airport and airfield land shall send dossiers of request for land reallocation or lease to airport authorities.
3. A dossier of request for land reallocation or lease comprises:
a/ A written request for land reallocation or lease, stating the name and address of the requesting organization or individual; land use purpose and area; planned land use duration;
b/ Copies of the following papers: the establishment decision, for agencies with the state management function; the airport business license or aviation service provision license or business registration certificate, for organizations or individuals conducting business activities at airports and airfields.
c/ Proposed land use plan;
d/ An investment project formulated according to the law on investment.
4. Within 90 days after receiving complete and valid dossiers, airport authorities shall examine and report those dossiers to the Civil Aviation Administration of Vietnam, then issue land allocation decisions or enter into land lease contracts with land-leasing organizations or individuals and proceed with the land handover.
5. The decision on land reallocation or lease must be approved in writing by the Civil Aviation Administration of Vietnam. For areas used for joint civil and military purposes, land reallocation and lease must be approved by the Ministry of Defense.
6. The procedures for extending the land lease term specified in Clause 4, Article 3 of this Decree shall be carried out under the provisions on land lease procedures.
Article 7.- Order and procedures for approval of sale, lease out or mortgage of, guarantee or capital contribution with assets attached to leased land
1. Organizations and individuals that lease land and wish to mortgage or guarantee with their own assets attached to the leased land at credit organizations licensed to operate in Vietnam shall send dossiers of request to the Civil Aviation Administration of Vietnam. A dossier of request comprises the following documents:
a/ A written request stating the name and address of the requesting organization or individual; name of the airport or airfield; location of assets attached to the leased land;
b/ A copy of the land lease contract;
c/ The mortgage or guarantee contract;
d/ An extract of the cadastral map.
2. Organizations and individuals that lease land and wish to sell, lease out or contribute capital with their own assets attached to the leased land must obtain approval of the Civil Aviation Administration of Vietnam. A dossier of request comprises:
a/ Documents specified at Points a, b, c and d, Clause 1of this Article;
b/ The relevant aviation service license of the organization or individual that undertakes to sell or lease the assets or receives the contributed capital.
3. Within 15 days after receiving complete dossiers, the Civil Aviation Administration of Vietnam shall examine them and related assets and consider and approve the mortgage, sale or lease out of, guarantee or capital contribution with assets, or notify in writing reasons for refusal for disapproval. Mortgage, guarantee, sale, lease out or capital contribution contracts become valid only after they are approved in writing by the Civil Aviation Administration of Vietnam.
Article 8.- Recovery of land
1. Reallocated or leased land shall be recovered in the following cases:
a/ There is a change in the airport or airfield planning under a decision of a competent state agency;
b/ The land lease term expires without extension;
c/ The contract on provision of services at the airport or airfield terminates;
d/ The land is used for improper purposes;
e/ The service provision license is revoked;
f/ The land recovery is decided by the Prime Minister;
g/ The land allocated or leased by the State for execution of an investment project has not been used for twelve consecutive months or its use is delayed twenty four months behind the land use schedule stated in the investment project counting from the date of on-site land handover without permission of the state agency competent to decide on the land allocation or lease;
h/ The land user commits an illegal act specified in the Land Law.
2. The airport authority shall notify the organization or individual that has its/his/her land recovered at least 180 days before the land is recovered of the reason for the recovery, the relocation time and plan, compensation and ground clearance plan.
Tìm kiếm
Nghị định 83/2007/NĐ-CP (Bản Word)